Massachusetts Retail Compliance Coalition v. Oxford, Town of - Town Clerk (SPR 20253727)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 24, 2025 SPR25/3727 Michelle A. Jenkins Town Clerk Town of Oxford 325 Main Street Oxford, MA 01540 Dear Ms. Jenkins: On December 18, 2025, this office received your petition on behalf of the Town of Oxford (Town) seeking an extension of time to produce records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, it is my understanding that the City furnished a copy of the petition to the requestor, Massachusetts Retail Compliance Coalition (requestor). G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On December 12, 2025, the requestor sought the following records related to the Town of Oxford’s participation in the Central Massachusetts Tobacco Control Alliance and Oxford’s enforcement authority: [1] The total amount the Town of Oxford paid to the Central Massachusetts Tobacco Control Alliance for the most recent fiscal year[;] [2] All contracts, memoranda of understanding (MOUs), agreements, invoices, and financial documents associated with Oxford’s alliance membership[;] [3] Any documents describing the scope of services, deliverables, inspection responsibilities, and enforcement roles assigned to the Alliance for the Town of Oxford[;] [4] The number of tobacco and/or vape inspections, compliance checks, violations, and enforcement actions conducted in Oxford by Alliance personnel during the most recent fiscal year[;] [5] Any inspection reports, summaries, annual reports, or program documentation provided to the Town of Oxford by the Alliance[;] One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Michelle A. Jenkins SPR25/3727 Page 2 December 24, 2025 [6] The specific Massachusetts General Law, Board of Health regulation, or municipal ordinance that authorizes the Town of Oxford or the Central Massachusetts Tobacco Control Alliance to enforce, interpret, or take action based on FDA Premarket Tobacco Product Application (PMTA) requirements[;] [7] Any written guidance, directives, memoranda, or legal opinions from the Massachusetts Department of Public Health or any other state agency authorizing or directing local-level PMTA enforcement[;] [8] Any internal Town or Alliance policies, procedures, or enforcement protocols referencing PMTA status when determining product legality or initiating enforcement actions at the retail level. Petition for an Extension of Time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records (Supervisor) may grant a single extension to an agency not to exceed 20 business days and a single extension to a municipality not to exceed 30 business days. In determining whether there has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: (i) the need to search for, collect, segregate or examine records; (ii) the scope of redaction required to prevent unlawful disclosure; (iii) the capacity or the normal business hours of operation of the agency or municipality to produce the request without the extension; (iv) efforts undertaken by the agency or municipality in fulfilling the current request and previous requests; (v) whether the request, either individually or as part of a series of requests from the same requestor, is frivolous or intended to harass or intimidate the agency or municipality; and (vi) the public interest served by expeditious disclosure. G. L. c. 66, § 10(c). If the Supervisor determines that the request is part of a series of contemporaneous requests that are frivolous or designed to intimidate or harass, and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity, the Supervisor may grant a longer extension or relieve the agency or municipality of its obligation to provide copies of the records sought. Id. The filing of a petition does not affect the requirement that a Records Access Officer (RAO) must provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b).

Michelle A. Jenkins SPR25/3727 Page 3 December 24, 2025 Current Petition In its petition, the Town requests an extension of 30 business days and provides the following in support of its request: This request for an extension of time is to allow the appropriate municipal staff to effectively fulfill the requestor’s inquiry. The expansive review of files and extensive research required by our municipal staff will require extra time in addition to their day-to-day responsibilities. And with the holiday season right around the corner, many of the staff will be out of the office. The original prescribed timeline for this new request will be difficult for our staff to properly fulfill the applicable requirements. I find that in light of the capacity of the Town to produce the request without the extension, the Town has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iv). The Town is granted an extension of 30 business days. Conclusion As described above, I find that the Town has established good cause for a time extension of 30 business days. Please note, the requestor has the right to seek judicial review of this decision by commencing a civil action in the appropriate superior court. See G. L. c. 66, §§ 10(c), 10(d)(iv)(4), 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Massachusetts Retail Compliance Coalition